A study on the navigational regime of the Taiwan Strait

• Main Authors: Li-Chih Shen, 沈麗枝
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/55344635180342628817

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === Abstract Strait can supply economic and convenient communication for world ocean geography. The Taiwan Strait is the west coast of Taiwan works for the international navigation. As each three minutes an international ship pass through this Strait, with the connection of the Southern Ocean and Eastern Ocean it plays an important role as an Ocean Channel. The 90% of Japan petroleum importation is dependent on the Taiwan Strait. In February 2005, Treaty of Mutual Cooperation and Security between the United States and Japan even regard the Taiwan Strait as its common defense target. Then, we are quite sure that the Taiwan Strait possesses remarkable strategy and financially importance. Part three, United Nations Convention on The Law of The Sea, 1982 - Straits Used for International Navigation, classified the international strait by each geography and history factors. Except for the strait that defined by currently effective and long-term existed international convention, other straits navigation regimes are suitable for Transit Passage, Nonstop Innocent Passage and they are unsuitable for the part three of the convention. Bordered by Pescadores the Taiwan Strait can be divided into two parts- narrow sensed Taiwan Strait and Pescadores Channel. The former has larger width, except the two sides of the Taiwan Strait’s twelve nautical miles territorial sea, and the strait center still inheres its exclusive economic zone, which is friendly to both navigation and hydrology characteristic. It is a typical strait of article 36 of U.N. Convention on The Law of The Sea. It is unsuitable of Transit Passage regimes but suitable for each maritime space’s navigation regimes. Derived from the norm of the convention, territorial seas in the Taiwan Strait are suitable for the innocent passage of the second part of the convention. The Taiwan Strait’s exclusive economic zone is suitable for navigation regimes of the fifth section of the convention - exclusive economic zone. Following the regulations of exclusive economic zone the foreign ships and aircrafts have the authority to navigate as the territorial sea and to overfly liberally. The international ship’s navigation in the Taiwan Strait has been a thousand years history. Even if U.N. Convention on The Law of The Sea been signed, the international community does not deny that the Taiwan Strait is not an international strait. Governments of the two sides of this Strait have not announced that the Taiwan Strait is a special strait. Therefore, the Taiwan Strait as an international navigation strait should allow foreign ships navigate liberally. In 1999 Pescadores Channel was entirely brought into our country internal water by the announcement- Republic of China first groups of baseline of territorial sea, territorial sea and the contiguous zone borderline. By the stipulation of U.N. Convention on The Law of The Sea- the Straits Used for International Navigation, if it was not the coastal state’s internal water, but is being by straight baseline, it should let other country’s ship own Right of Transit Passage. Therefore, although Pescadores Channel belongs to our internal waters, this part of water is under obligation to tolerate other country’s ships using the right of Transit Passage. The main goal of this text is to discuss the rules that ships should obey while navigate the Taiwan Strait by the norm of strait navigation regimes of international convention on the law of the sea. In addition, it also reviews whether the rules enacted by the government of the two sides of the Taiwan Strait are accord with international law or not. I expect that it will find out the most benefit legislation for our country, and further review the defect to proposed legislative revision in the future.